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As NYC settles with BLM protesters for $13 million, Rochester’s case plods along

Protesters and police clashed in Rochester on May 30, 2020.
Gino Fanelli
/
WXXI News
Protesters and police clash in Rochester on May 30, 2020.

New York City this week agreed to pay $13 million to more than 1,000 Black Lives Matter protesters arrested during demonstrations in 2020 in Manhattan and Brooklyn.

Meanwhile, a similar case in Rochester is crawling to a conclusion.

The case here has been stuck in mediation since Dec. 16. The case was filed by a slew of social justice protesters who claim the Rochester Police Department subjected them to unnecessary force in protests over the murder of George Floyd and, later, the death of Daniel Prude. While requesting cash settlements for the protesters, the case also is calling for sweeping reforms within the department.

Elliot Shields is one of four attorneys litigating the case. He said the process has been “slow” but is moving forward.

“This lawsuit is much bigger (than New York City’s) because it’s calling to completely reform the Rochester Police Department, from top to bottom,” Shields said.

The settlement in the New York City case awarded each plaintiff $10,000. Shields likened the Rochester case to one in the Bronx that concluded with a record-setting settlement earlier this year. Plaintiffs there were awarded $6 million, or $22,500 per person.

That case was litigated by Joshua Moskovitz, who also represents protesters in Rochester. Shields said the major difference between the latest New York City case and the one in Rochester is that Rochester’s case hinges on excessive force, not unlawful arrest.

The majority of the plaintiffs in Rochester are women who complained of complications with their menstrual cycles as a result of being exposed to chemical irritants, according to court records. One protester said she suffered a miscarriage.

The case is being mediated by magistrate Judge Jonathan Feldman.

Gino Fanelli is an investigative reporter who also covers City Hall. He joined the staff in 2019 by way of the Rochester Business Journal, and formerly served as a watchdog reporter for Gannett in Maryland and a stringer for the Associated Press.